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Documented Evidence: Strong retaliation cases often involve solid documentation. This includes records of the protected activity, any written complaints or reports, emails, text messages, and other relevant communications. Maintain a detailed record of events related to the protected activity retaliation.
An adverse action is an action taken to penalize someone for or prevent someone from opposing a discriminatory employment practice, participating in an employment discrimination proceeding, or requesting an accommodation based on disability or religion. Such an action could form the basis of a new EEO complaint.
Examples of materially adverse actions A vengeful superior may seek to punish you by suddenly cutting off your benefits, denying you a justly earned promotion, demoting you, suspending you without reason, or outright terminating your employment.
In order to establish a retaliation claim under Title VII, a plaintiff must demonstrate that: (1) she engaged in statutorily protected activity; (2) her employer took a materially adverse employment action against her; and (3) the protected activity and adverse job action are causally connected.
Retaliation happens when an employer punishes an employee because he or she engages in a legally protected activity. All of the federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit retaliation, as does the False Claims Act.